The U.S. Election Assistance Commission has asked the Eastern District of Missouri to dismiss an election integrity lawsuit filed by a Republican Missouri House of Representatives candidate who lost her primary race in August last year.
Ali Graeff sued the state’s elections chief over voting machines that allegedly are not certified according to requirements under the Help America Vote Act of 2002.
As previously reported in the St. Louis Record, HAVA law provides funding to help states meet new standards, replace and purchase new voting systems and improve election administration including security. It also established the Election Assistance Commission to help states comply with and distribute HAVA funds.
But in their Motion to Dismiss, EAC commissioners argue that Graeff has no standing to sue and that her claims are moot.
“When the issues presented in a case are no longer live, the case is moot and is therefore no longer a ‘case’ or ‘controversy’ for purposes of Article III,” U.S. Department of Justice attorney Antonia Konkoly wrote. “To the extent that plaintiff ever had standing to bring claims against federal defendants with respect to the August 2, 2022, primary election, those claims are now moot because the primary has come and gone, the relief that plaintiff seeks is prospective, and no exceptions to the mootness doctrine apply.”
Graeff filed a motion in opposition to the motion to dismiss, but it was stricken by District Judge Ronnie White.
“This entire experience, from the beginning, has been handled illegally and has been an absolute violation of my civil due process rights from the get-go,” Graeff told the St. Louis Record.
In his order striking Graeff’s response, White stated that Graeff’s brief was filed in error.
“Plaintiff must file a motion for leave to file a surresponse, explaining why a surresponse is required, with the proposed surresponse submitted as an attachment to the motion for leave,” White wrote.
Graeff seeks the immediate statewide return to hand-cast and hand-counted paper ballots and the permanent removal of all electronic voting machines, systems, equipment, and poll pads.
In a separate federal lawsuit, Graeff also sued St. Charles County Election Authority Elections Director Kurt Bahr and Missouri Secretary of State Jay Ashcroft contesting the Aug. 2, 2022, St. Charles primary election.
White has yet to rule on Bahr’s Motion to Dismiss filed in October.
"I will not give up," Graeff added. "As long as I have air in these lungs, I'm going to continue to be fighting."